Sexual Predator

Protecting Georgia’s ChildrenPunishing Sexual Offenders and Sexual Predators: 

Protecting Georgia’s Children Punishing Sexual Offenders and Sexual Predators House Bill 1059

Innocence Lost: 

Innocence Lost In early 2005 Jessica Lunsford was found beaten, sexually assaulted and buried alive not 150 yards from her home in Florida. Her killer – John Couey – was a convicted sex offender who was not registered in his state. He ran to Georgia to hide.

Stronger Laws Found: 

Stronger Laws Found John Couey was arrested in Georgia in March of 2005. Florida began to make changes to it’s laws on sex crimes and it’s requirements for sex offender registration. In April of that same year Georgia lawmakers led by Majority Leader Jerry Keen decided it was time to examine and strengthen our state’s laws.

Innocence Protected : 

Innocence Protected In March of 2006 Georgia’s legislators passed the strongest sex offender law in the nation. In April, Governor Sonny Perdue signed that law into effect. Beginning on July 1, 2006, criminals who choose to sexually abuse Georgia’s children will be punished to the fullest extent of the strongest law in the country.

Greater Punishments: 

Greater Punishments Offenders who Kidnap a child under 14 Commit aggravated child molestation Commit aggravated sodomy Commit aggravated sexual battery WILL – if convicted Be in jail for AT LEAST 25 years Be on probation for the REST OF THEIR LIVES Be registered on the Sex Offender Registry for the rest of their lives

Better Supervision: 

Better Supervision Offenders who commit other sex crimes will Serve the minimum mandatory sentence for that crime Be on probation for at least one year after prison Register as a sex offender for the rest of their lives Other sex crimes include: Statutory Rape Aggravated Assault with intent to Rape Sodomy Child Molestation Enticing a Child Incest Sexual assault against a person in custody

Protecting EVERY Child: 

Protecting EVERY Child The new law recognizes that some teenagers engage in pre-marital sex. The new law DOES NOT condone teenage or pre-marital sex. The new law does expand existing “Romeo and Juliet” clauses to ensure that teenagers who both desire to engage in sexual activity do not become felons.

The Romeo and Juliet Clause: 

The Romeo and Juliet Clause The Romeo and Juliet clause applies to five crimes: Sodomy Statutory Rape Child Molestation Aggravated Child Molestation, and Enticing a Child for Indecent Purposes

Romeo and Juliet explained: 

Romeo and Juliet explained For the crimes of Sodomy, and Aggravated Child Molestation (where the only aggravating factor is sodomy) If the victim is at least 13, but under 16, the defendant is under 18 and there is no more than a 4 year age difference, Then the punishment will be for a misdemeanor. For the crimes of Statutory Rape Child Molestation, and Enticing a Child for Indecent Purposes If the victim is at least 14, but under 16, the defendant is under 18 and there is no more than a 4 year age difference, Then the punishment will be for a misdemeanor.

Better Use of our Resources: 

Better Use of our Resources Did you know that Georgia has a Sexual Offender Registration Review Board? We do – and it’s been sorely underused The new law requires the Review Board to review EVERY convicted sexual offender before he or she gets out of prison to determine how likely he or she is to recommit a sex crime.

Recidivism Rates Reviewed : 

Recidivism Rates Reviewed Offenders will be reviewed by the Sexual Offender Registration Review Board. They will be placed in a Level I, Level II, or Predator recidivism level. If an offender is found to be a Predator, he or she will wear a GPS ankle monitor for the rest of his or her natural life.

Strengthened Registration Requirements : 

Strengthened Registration Requirements Crafting HB 1059 included a comprehensive overhaul of our state’s registration requirements. They are: Better organized, and Easier to understand for law enforcement, corrections officials and offenders themselves.

Registration Requirements: 

Registration Requirements Offenders will register with the sheriff of the county where they intend to live BEFORE they leave prison. Offenders will stay on the registry for life. Offenders will re-register every year on their birthday Predators will re-register every six months – on their birthday, and their “un-birthday.”

Further Registration Requirements: 

Further Registration Requirements Offenders will pay a $250.00 re-registration fee EVERY time they re-register. Offenders will adhere to living, working and loitering restrictions. Family members or friends who harbor or conceal unregistered offenders will be guilty of a felony punishable by up to 20 years in prison.

Registration and Misdemeanors: 

Registration and Misdemeanors Defendants convicted in Juvenile Court Defendants convicted of a Misdemeanor WILL NOT BE REQUIRED TO REGISTER Defendants for whom the crime is a first offense will be allowed to petition to be removed from the registry after ten years.

Areas where Minors Congregate: 

Areas where Minors Congregate This includes: Schools Churches Day Care Centers Public Swimming Pools (but not pools at private homes) Neighborhood Centers Gymnasiums School Bus Stops (stops designated by the local school board, or a designated private school bus stop)

Living – Working – LoiteringThe 1000 Foot Rule: 

Living – Working – Loitering The 1000 Foot Rule No registered sexual offender will be allowed to loiter within 1000 feet of an area where minors congregate. No registered sexual offender may be employed by any child care facility, school or church or by any business located within 1000 feet of any child care facility, school or church. No predator may be employed by any business located within 1000 feet of an area where minors congregate.

Keeping Our Children Safe: 

Keeping Our Children Safe Greater punishments for those who commit heinous sex crimes A buffer of protection for our children in their homes, on their way to and at school, and when they are at play anywhere in Georgia Increased monitoring and community supervision requirements for sexual offenders House Bill 1059 fulfills our Legislature’s promise to keep Georgia’s children safe